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(영문) 수원지방법원 안산지원 2019.02.19 2018고단3362
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On August 29, 2018, the Defendant driven the above car at around 06:55, and made the two-lane road in C before C at C at C at C at D, with one-lane in the direction of C at D, to turn to the left at the speed of speed unspeed.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected to turn to the left by neglecting the fact that the vehicle driving signal is changed to the stop signal, and neglected to turn to the right, and caused the victim E (the age of 70) to cross the crosswalk from the left side of the defendant's direction to the right side, and turned to the front part of the vehicle driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as return of her 12 weeks of medical treatment, and her flaging her lebane, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Hearing statements from victims;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs by cutting CCTV images for the control of an accident place, illegal parking or stopping;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the general traffic accident category 1 (the injury of traffic accidents) and the aggravated area (8-2) (8-2 years) (excluding the specially under special circumstances) of Article 3(2) (proviso) (8) of the Specialized School Traffic Act, or the case of a climatic driving (the decision of sentence / the decision of sentence ] Defendant violates the signal at the intersection and proceeds as it is.

A victim who is walking on a crosswalk shall be able to walk.

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